National Republican., 1887-10-22
APPEAL OF THE ANARCHISTS
Their Counsel May Expect a Decision
Next Monday.

Their Counsel May Expect Decision
Next Monday.
In conformity with bis promise Justice
+ Harlan, Of the United States Supreme
Court, yesterday In the court consultation
room met the counsel for the anarchists,
who are now in confinement in Chicago,
sentenced 70 be hung for murder. 1t was
few minutes after 10 o'clock when Gen,
B. F. Butler, Hon. j. Il. Tucker, Gen.
Rodger A. Pryor, Capt. Black, and Mr..
Solomon, the attorneys in the case for the
appellants, came into the chamber, and
there being some spare time, the coterie
took position in corner Of the room and
held what appeared to be an important con-
sultation. This was Interrupted by the
entrance Of Justice Harlan, who seated
himself at the consultation table, and the
attorneys drew nearer to him.
His honor stated that he had prepared
memorandum which he would read, and
drawing from his pocket paper read the
following:
This is an application for writ OF error to
bring up for review. by the Supreme Court of
court ofthe state Of Illinois, involving the lib.
eerty otone Of the petitioners and the lives Of
the others. Time fixed for executing the SEN
VI uShth io uhi thc ittu uhy
Under the circumstances It is my duty to
facilitate an early decision Of any question In
the case OF which the Supreme Court OF the
United States may properly take cognlzance.
II should allow writ OF error II Is quite Ger.
tain that counsel would have to repeat before
that court the argument which they propose
now to make before me-
On the. other hand, II ] should refuse the
writ the defendants would be at liberty to re.
new their application before any other Justice
Of the Supreme Court, and as human life and
liberty, are involved, that Justice might feel
Obliged, notwithstanding aprevious refusal OF
the writ to look Into tho case and determine
for himself whether writ Of error should be
allowed, II he also refused the defendants
s take h to other member o
been applied to or until some justice granted
In this way It Is manifest that delays might
occur that would be very EMBARRASSING in
view OF the short time intervening between
the day and the date fixed for the carrying
into effect the Judgment Of the state court.
As the case Is one of very serious charao-
ter in whatever aspect II may be regarded, l
deenle proper 70 make an order, which now
do, that counsel present their application to
the court In open session. to the end that early
| and final action may be had upon the Ques.
tion, whether that court has jurisdiction in re-
Wow the judgment In these cases. There is
| no reason why II may not be presented In the
| court at It's session o-dny. Counsel may state
that the application Is made to the court pur-
| suant to my direction.
iheit Whb N iueC VI lhuitb III
the assemblage In the chamber when the
Supreme Court met In fact, so great was
the crowd that for some minutes the bust
ness OF the court was delayed to get the
| people within the precincts set apart for
visitors and prevent encroaching upon the
members Of the bar. '
After some preliminary matters had been
| considered the impoi tant matter came be-
fore the great tribunal.
| Gen. Pryor opened the ball. He stated
that he presented a petition for q writ of
error for the eight men under condemna-
tion In Chicago. He reviewed the case
from its inception down to the present
status. He said that by section 700 of the
Revised Statutes the United States Supreme
Court has Jurisdiction to reexamine final
| Judgment In any suit in the highest court of
q state, where is drawn In question the
validity Of a statute Of or any authority ex-
ercised under state, on the ground of their
being repugnant to the constitution of the
United States, or where any title, right,
privilege, or immunity is claimed under
the constitution, and the decision is against
the title, right, &c.
He questioned the validity of a statute
of Illinois enacted in March, 1874, which
provides that 1t shall not be cause of
challenge that juror has read In the news
crime with which the prisoner is charged,
nor shall the fact that juror has formed
an opinion or impression based upon rumor
or newspaper articles disqualify him II he
shall state upon oath that he believes he
can fairly and impartially render q verdict
in accordance with the law and evidence.
and the court shall be satisfied Of the truth
Of such statement. Gen. Pryor said that
the jury which tried his clients was organ
lied under this statute, and he maintained
that the statute was In conflict with the
federal constitution and with the consttu-
ton Of Illinois, and that 1t operated to de-
prive the accused of trial by an 'Impartial
tury;" that 1t abridged the privileges and
iDmunities Of the accused as citizens Of the
United States, and that 1t deprived them of
life, liberty, &c,, without due process Of
law.
Justice Miller wanted to know II 1t could
be shown that any OF the jurors had read
the newspaper accounts of the crime or had
formed or expressed an opinion.
Gen. Pryor answered that two had done
so, and insisted that the jury was not i'm.
partial, but made up In part of men VINO
were actually enemies Of the defendants.
Chief Justice Waite repeated the inquiry
of Justice Miller, aud wished to know
whether 1t could be shown that any one Of
the jurors actually formed or expressed an
opinion.
Gen. Pryor did not make definite reply
| to this inquiry.
Chief Justice Waite said: 'The only aues-
ton here is whether or not the statute re-
ferred to is q valid statute. II the court
erred in its administration that is q Ques-
tiop for the state"
Gen. Pryor said that the record of the
case would show that no such instructions
and rulings as those in the anarchists case
were ever given and accepted in court of
justice.
Gen. Pryor again proceeded and raised
other points, which summarized are: That
| thn nft h. ali -
OF the Ar6eiter Zeitung was violation of
the constitutional guarantee against un-
reasonable searches, seizures, &C.; that the
fifth amendment OF the constitution was
violated, inasmuch as Spies was called
upon to testify against himself; that the
proceedings and sentences were in viola
ton Of the provisions that the accused shall
he informed Of the nature and cause of the
accusation, and that cruel aud unusual pun
ishments shall not be inflicted; that a con-
spiracy to incite violence may have been
proved, but that penalties are adjudged for
conspiracy to use violence, which was not
proved; that anarchists are protected by the
constitutional provision against interference
with religious belief, &C.; that the anarchists
had an undeniable right to hold the Hay
market meeting, under the guarantees Of
the freedom OF the press, freedom of speech,
and the right to assemble peaceably.
In response to an inquiry, the court was
informed the record was In type.
Chief Justice Waite, after consulting with
his associates, directed the counsel to have
printed such portions Of the record a,
showed that 1t contained the points raised
and have 1t ready for the court to-day. He
further stated that the court would an
nounce it's decision next Monday.
From this action 1t ia thought that the
only point the court will consider is the
question OF the validity Of the Illinois
| statuta Drascribinp nual flo atjOna for iurnra
| CASHIER TAKEN UNAwARES
| Caused the Disclosure I'm the Stafford